High Court of Gujarat

SARDAR BHILADWALA PARDI PEOPLE CO OPERATIVE BANK LTD THRO MANISH B. DESAIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The court allowed the application and restored the criminal appeal to its original status.

Summary

The applicant filed a criminal miscellaneous application seeking restoration of a criminal appeal that had been dismissed by the High Court on 16 January 2026 because no party appeared on the second call and no request for a pass‑over was made. The court had previously dismissed the appeal on procedural grounds. The applicant’s counsel explained the reasons for the non‑appearance, as set out in paragraph 3 of the application. After hearing the counsel, the judge found that the reasons provided were sufficient to justify the absence. Consequently, the application for restoration was allowed. The appeal was restored to its original status.

Issues considered

What is the appropriate remedy when a criminal appeal is dismissed for non‑appearance without a pass‑over request?
Whether sufficient reasons for non‑appearance can justify setting aside the dismissal of a criminal appeal?

Subjects

criminal procedurerestoration of appealnon‑appearancepass‑overHigh Court of Gujarat

Judgment

   R/CR.MA/4246/2026                                         ORDER DATED: 27/02/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR RESTORATION) NO. 4246 of
                            2026

               In R/CRIMINAL MISC.APPLICATION/9908/2024
                     In F/CRIMINAL APPEAL/12016/2024

==========================================================
SARDAR BHILADWALA PARDI PEOPLE CO OPERATIVE BANK LTD THRO
                     MANISH B. DESAI
                          Versus
                 STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RUSHABH R SHAH(5314) for the Applicant(s) No. 1
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                               Date : 27/02/2026

                                  ORAL ORDER


  1. The present application is filed seeking restoration

     of the captioned Criminal Appeal.



  2. This       Court     by      an      order      dated      16.01.2026         had

     dismissed the captioned appeal in view of the fact

     that none appeared in the second call when the

     matter was called out nor any request for passover

     was sought.



  3. Learned           advocate    for         the   applicant         stated          the

     reasons at para nos.3 of the application for not

     remaining present.


                                       Page 1 of 2
                R/CR.MA/4246/2026                                                 ORDER DATED: 27/02/2026




          4.       Having heard learned advocate for the applicant and

          having considered the application, sufficient reasons have

          been mentioned in the                          application           for not remaining

          present when the matter was called out. In view of the

          same, the present application is allowed. The captioned

          matter is restored to its original status.


                                                                               (SANJEEV J.THAKER,J)
          URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 27/02/2026 16:18:32




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